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Loss of zoning authority over casinos enrages officials
Thursday, October 19, 2006

After spending more than a year setting standards for everything from how a Pittsburgh casino should look to where it could be located, local leaders woke up yesterday to find it all may be for naught.

They are furious over a bill passed by the state House Tuesday that would strip Pittsburgh and Philadelphia of their zoning authority over proposed slot machine casinos and transfer it instead to the state Gaming Control Board, the agency that will hand out licenses for the enterprises.

"I'm hopping mad," City Councilwoman Tonya Payne said. "I just don't think it's fair that the state should feel the need to tell us how we should do zoning here in the city of Pittsburgh."

Ms. Payne was one of eight City Council members to sign a letter yesterday urging the state Senate to reverse the action of the House and "restore the people's voice" in the zoning of the proposed casino.

"It's unconscionable that the state House would take away all local zoning, planning and land use power from the local municipality, an action that strips the people of their voice," the letter stated.

The House's action could undo some 15 months of work by the city planning commission, the volunteer Pittsburgh Gaming Task Force and other officials in crafting a host of standards involving construction, design, traffic impacts, and other issues relating to the city's proposed stand-alone casino.

It was a right the city and other municipalities in Pennsylvania had won in a state Supreme Court ruling in June 2005 that struck down a provision in the slots gambling law that exempted casinos from local zoning control.

Pittsburgh Mayor Luke Ravenstahl joined the chorus of local officials protesting the action by the House and said he would do what he could to restore local control.

"It's troublesome because I think that we as a city need to have the ability to look at issues of design, to look at issues of traffic, all the things that are associated with zoning," he said.

Some help could be on the way from the Senate.

Democratic leader Robert Mellow of Lackawanna County said that when the Senate takes up the slots amendments on Monday, he will try to remove the local zoning pre-emptions pertaining to Pittsburgh and Philadelphia.

He didn't see any reason why those two cities should be singled out for treatment that is different from other towns.

Steve Miskin, an aide to House Republican leader Sam Smith of Punxsutawney, defended the House's decision to pre-empt local zoning for the two cities.

Mr. Miskin said that Pittsburgh and Philadelphia are different because they are the only two cities guaranteed stand-alone, or non-racetrack, casinos under state law. Philadelphia is guaranteed two such facilities and Pittsburgh is guaranteed one.

"We are trying to expedite the gaming proceeds for property tax relief," Mr. Miskin said.

If the three stand-alone casinos "get mired down in local zoning complexities," revenue won't be quickly generated by the casinos for reducing people's property taxes, he said.

He said that local zoning laws will still be enforced for the casinos in the two cities; it will be the Gaming Control Board doing the enforcing rather than local zoning or planning officials.

The Senate decided not to take up the House slots amendments yesterday, putting them off until Monday to allow for further discussion.

Mr. Mellow expects the Senate to largely stick with the version of the amendments it approved in late September, rather than adopting the House version.

In particular, Mr. Mellow said, slots suppliers should be eliminated immediately (as the Senate bill called for) rather than being allowed to operate until their current licenses expire in July 2007 (as the House bill calls for).

If the Senate and House stick with their differing versions of the slots amendments, the bill is likely to end up in a conference committee of leaders from both chambers.

A final vote on the amendments would then be postponed until after the Nov. 7 election. The House plans to be in session for six days after the election; the Senate only two, Nov. 20-21.

State Sen. Jim Ferlo, D-Highland Park, who fought to protect the city's zoning power over casinos, said the House bill "would run roughshod over" that ability.

"I will be fighting tooth and nail to get the bill back amended," he said.

Spokesmen for all three bidders for the Pittsburgh gaming license, Forest City Enterprises, Isle of Capri Casinos, and PITG Gaming LLC, said yesterday they would abide by whatever the Legislature decides or whatever rules are in place. City Councilman William Peduto, who led the letter-writing effort, said local control is needed because the Pittsburgh casino, which eventually could have up to 5,000 slot machines, could have a huge impact, regardless of where it is built.

"This is one that's going to greatly affect Pittsburgh for decades," he said.

Anne Swager, co-chair of the Pittsburgh Gaming Task Force, said that even if the Legislature succeeds in exempting the casino from local zoning, the group will not be silenced.

"We will still rattle every chain and bang on every window we can to be part of the process," she said. "The Pennsylvania Gaming Control Board has welcomed our input in the past and we hope they will welcome our input on these issues as well."

The task force will make additional recommendations today regarding the Pittsburgh casino proposals. Ms. Swager said that she is hopeful that regardless of which way the Legislature goes, the group's work will be factored into the gaming board's decision making.

"I cannot imagine that the state would not pay attention to it," she said. "So much time and research have gone into this, how can you ignore that advice?"

First published on October 19, 2006 at 12:00 am
Mark Belko can be reached at mbelko@post-gazette.com or 412-263-1262. Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254.
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